Kaiser Industries Corp. v. McLouth Steel Corp.

CELEBREZZE, Circuit Judge.

Appellants filed an action in the United States District Court for the Eastern District of Michigan complaining that Appellee had infringed the Appellants’ patented process for refining steel with pure oxygen. Appellee first defended by contending that a know-how agreement, for which Appellee paid $100,000 to Appellants, constituted a license to use the Appellants’ process. The District Court held against the Appellee on that point, Henry J. Kaiser Company v. McLouth Steel Corporation, 175 F.Supp. 743 (D.C.Mich.1959), and in an interlocutory appeal was affirmed by…